Texas Senate Bill SB380

Texas 2025 - 89th Regular

• Filed: 11/15/24

Caption

Relating to a period of prayer and reading of the Bible or other religious text in public schools.

Impact

The bill explicitly delineates the conditions under which the period of prayer and reading can take place, ensuring it does not interfere with instructional activities. It provides that participation is voluntary and requires consent from students or their guardians. This stipulation aims to balance the right to religious expression with the need to maintain a secular educational environment, particularly as it pertains to the rights of those who may not wish to participate.

Summary

SB380 proposes that public schools in Texas adopt a policy allowing for a period of prayer and reading of religious texts, including the Bible, during school hours. The bill mandates that the board of trustees of each school district or the governing body of open-enrollment charter schools may implement this policy through a resolution and must do so with a record vote. Each campus would be required to provide this opportunity to students and employees without violating existing educational mandates or instructional time.

Execution

If passed, the legislation would require schools to demonstrate compliance with these provisions, including maintaining documentation and consent forms. The Attorney General is tasked with assisting districts in implementing the law and can provide legal defense in case of lawsuits related to the policies enacted under this bill.

Contention

There are notable concerns surrounding the constitutionality of such a bill, particularly regarding the Establishment Clause of the First Amendment, which prohibits the government from establishing an official religion. Critics argue that instituting prayer in public schools risks coercion and undermines the separation of church and state. Proponents, on the other hand, advocate for the recognition and protection of individual religious rights in public spaces, asserting that this bill is a step towards better accommodating the spiritual needs of students.

Texas Constitutional Statutes Affected

Education Code

• Chapter 25. Admission, Transfer, And Attendance
  • Section: 901
  • Section: New Section